The Constitution “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”

Road to the Constitution

1. Magna Carta (1215) English barons wanted the King to have limited power. Includes: Trial by jury, due process of law, protection of life, liberty, and property

2. Mayflower Compact (1620) Pilgrims joined together to govern themselves

3. Declaration of Independence (1776) We don’t like what England is doing to us. We tell them to go away. We have officially declared ourselves free… Now what?

4. Revolutionary War England doesn’t want us to be free. They fight to keep us under their control. We don’t necessarily win the war, but end up fighting just well enough to make them leave.

5. Articles Of Confederation (1777) We create our first system of national government. States want to have most of the power. People don’t like the idea of a national government telling us what to do.

5. Articles Of Confederation (1777) Problems arose Too weak to enforce own laws Can’t borrow or make money No national court Nation split

6. Drafting the Constitution (1787) Virginia Plan – 2 house legislature. Representation based on population New Jersey Plan – 1 house legislature Representation is equal Great Compromise – 2 house legislature, Representation based on population for one, and equal representation for the other.

6. Drafting the Constitution (1787) Do slaves count in population? 3/5 Compromise says only count 3/5 of a slave for population. Makes Southern states happy to get some extra numbers. Makes Northern states happy to not count slaves as a whole person.

7. Ratification (1789) 9 states were needed to ratify the Constitution. All 13 original states ended up ratifying. This was very important to have all states agree upon the government system.

8. Bill of Rights Once the Constitution was ratified, we added the Bill of Rights. This helped calm peoples fears about a national government becoming too strong.

Road to the Constitution 1. Magna Carta (1215) 2. Mayflower Compact (1620) 3. Declaration of Independence (1776) 4. Revolutionary War 5. Articles Of Confederation (1777) 6. Drafting the Constitution (1787) 7. Ratification (1789) 8. Bill of Rights

PARTS PREAMBLE: Introduction to the Constitution; it lists the six basic principles for our government ARTICLES: The articles laying out the framework for our government (seven) AMENDMENTS: Changes made to the Constitution after the initial ratification

Basic Principles These six principles are the ideas and standards that our government is based on and functions according to. Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism With these in mind, why did the framers include the Preamble in the Constitution?

Popular Sovereignty People are the ONLY source of government’s power “We the People…do ordain and establish” Government’s power comes from the people, and the people have given government permission to govern by the constitution

Checks and Balances Checks and balances is a way for the government to give each branch power over the other two The idea is to keep one branch from becoming more powerful than the others and controlling government Why would the framers want to ensure one branch did not become too powerful?

Limited Government When did the idea of Limited Government begin? The idea that government is not all powerful and can be limited Government can do only those things the PEOPLE have given it the power to do States that government must obey the law The entire Constitution is a statement of Limited Government When did the idea of Limited Government begin?

Judicial Review Has the power of the courts to determine whether what government does is in compliance with what the Constitution says Basically, if a case is brought to the courts questioning a law or some other government action, the court must look at the law and determine if it violates the Constitution If it does, the courts declare it unconstitutional, and the law or action is thrown out and no longer in effect (Null and Void)

The Articles There are 7 articles in the second section of the Constitution, each accomplishing different things Article 1: The legislative article lays out the structure and powers of the legislative branch Article 2: The executive article lays out the structure and powers of the executive branch Article 3: The judicial article establishes a national judiciary and gives Congress the power to create additional court systems Article 4: Deals with the relationships between states Article 5: Provides methods for amending the Constitution Article 6: Deals with the National Debt Article 7: Provides provisions for ratification of the Constitution

Amending the Constitution Article V provided four methods to amend the Constitution An amendment is a change to the Constitution or clarification of something in the Constitution

The Four Methods Method 1: Proposed by a 2/3 vote in each house of Congress Ratified by ¾ of the state legislatures Method 2 Ratified by conventions in ¾ of the states Method 3: Proposed by a national convention called by Congress at the request of 2/3 of the states Ratified by ¾ of the state legislatures Method 4: Proposed by national convention called by Congress at the request of 2/3 of the states Ratified by conventions in ¾ of the states

Amendments, continued There is no time limit for ratification of an amendment once it is proposed Congress may set a time limit if they so choose Example: The 27th amendment was proposed in 1789 as part of the Bill of Rights, however it was not ratified until 1992, 203 years later!!! 26 of the 27 amendments have been added through method 1 The 21st amendment was added through method 2 in 1933 This 21st amendment is the only amendment that cancels out another It repealed the 18th amendment, which outlawed the sale and consumption of alcohol

Amendments, continued The amendments are divided into three groups (click the group below to see the amendments in each group) BILL OF RIGHTS – Amendments 1 through 10 CIVIL WAR AMENDMENTS – Amendments 13 through 15 LATER AMENDMENTS – Amendments 16 through 27 (Amendments 11 and 12 are generally considered to be an extension of the Bill of Rights, and therefore not included in any of the three groups)

Informal Amendments The Constitution can be informally changed through 5 methods Basic Legislation of Congress Actions of the President Supreme Court Decisions Activities of the Political Parties Custom

Basic Legislation Congress may pass laws that spell out or add detail to one of the Constitution’s brief provisions Ex. 25th Amendment provides for Presidential succession beyond what the original Constitution stated Congress can add to the Constitution through the way it uses its powers Ex. Constitution says Congress has the power to regulate “foreign and interstate commerce,” but does not define what that is. Congress has passed thousands of laws dealing with all different aspects of trade.

Executive Action The manner in which various Presidents have used their power has also contributed to the growth of the Constitution Ex. Congress can declare war, but President is Commander in Chief and can send military where he chooses.

Court Decisions Part of the job of the courts is to interpret the Constitution. These interpretations have changed the Constitution over the years. Ex. In Plessy v. Ferguson, the courts ruled that separate facilities for different races were Constitutional. Later in Brown v. Board of Education, the court struck down this ruling and stated that separate facilities are Unconstitutional.

Marbury vs. Madison

McCulloch vs Maryland

McCulloch vs Maryland Supreme Court ruled that the Bank of the United States was constitutional and that the Maryland tax was unconstitutional. The Court turned to the Necessary and Proper Clause of Article I, Section 8, which expressly grants Congress the power to pass laws "necessary and proper" for the execution of its "enumerated powers." Second, the Court ruled that Maryland lacked the power to tax the Bank because, pursuant to the Supremacy Clause of Article VI of the Constitution, the laws of the United States trump conflicting state laws. Finally, the Court held that the "sovereignty" (political authority) of the Union lies with the people of the United States, not with the individual states that comprise it.

Party Practices The Constitution makes no mention of political parties, yet they have changed the way politics are handled in this country for as long as the country has been around. Ex. The Constitution makes no mention of how candidates would be chosen to run for President, yet parties have been nominating candidates since the 1796 election.

Custom Various customs and traditions have contributed to the Constitution over the years, many thanks to George Washington himself. Ex. The Constitution makes no mention of the President’s cabinet, but Washington had one, so every President since him has had one. Ex. Washington stated that President’s should serve no more than 2 terms, so none did until FDR in the 1930’s and 1940’s.

Review What are the three parts of the Constitution. The ________ lists the six basic principles. According to popular sovereignty, who is the source of government’s power? Judicial Review gives the courts power to? Why do we have checks and balances? How can we amend the Constitution? Which one has been used most often? Which amendments are included in the Bill of Rights? The Civil War Amendments? The Later Amendments? Give an example of the President informally changing the Constitution through executive action Give an example of an informal change through custom

Later amendments The later amendments include all those passed since the 3 civil war amendments 16th Amendment – Income Tax 17th Amendment – Popular Election of Senators 18th Amendment – Prohibition of Alcohol 19th amendment – Voting rights for women 20th Amendment – Set dates/times for end of terms, sets conditions in case of the death of a President-elect 21st Amendment – Repeal of the 18th amendment (prohibition) 22nd amendment – Set limit at two terms maximum for a president Click to go Back to last slide

Civil War Amendments The Civil War Amendments were passed as a direct response to the outcome of The Civil war. They all deal with slavery in one way or another. 13th Amendment – Outlawed slavery and Involuntary servitude in the United States of America 14th Amendment – Helped make former slaves citizens of the U.S. and gave them all the rights that being a citizen entails 15th Amendment – Written to give former slaves the right to vote, however was not entirely successful in doing so for nearly 100 years Click to go Back to last slide

Bill of Rights The purpose of the Bill of Rights was to list out the basic rights of all Americans so these rights could not be violated as they were in the years of British rule under King George III Amendment 1: Freedom of Speech, Press, Religion, Assembly, and Petition Amendment 2: The right to bear arms Amendment 3: Protects against the Quartering of Troops Amendment 4: Protects against illegal search and seizure of personal property Amendment 5: Insures due process, protects against eminent domain, provides rules for criminal hearings, and protects against self-incrimination Amendment 6: Right to a speedy and public trial and right to trial by jury Amendment 7: Provides stipulations for civil trials Amendment 8: Protects against excessive bail and cruel and unusual punishment Amendment 9: States that the rights listed in the Constitution are not all the rights given to the American people Amendment 10: States that all powers not granted to the National government or forbidden to the states, belong to the states

Constitutional Dateline The state delegates meet in Philadelphia. MAY 1787 Most delegates have signed the Constitution and returned to their states to “sell” it. SEPTEMBER 1787 Delaware becomes the first state to ratify the Constitution. DECEMBER 1787 New Hampshire is the 9th state to ratify the Constitution, making it official. JUNE 1788 1St session of Congress meets in NYC. MARCH 1789 George Washington sworn in as first president. APRIL 1789 The Bill of Rights is added to the Constitution. DECEMBER 1791